A DPA enables a corporate body to make full reparation for alleged criminal behaviour without the collateral damage of a conviction. The SFO also says DPAs avoid lengthy and costly trials, and are transparent, public events.

– Is a judge involved in a DPA?

DPAs are concluded under the supervision of a judge, who must be convinced that the DPA is in the interests of justice and that the terms are fair, reasonable and proportionate, the SFO says.

– What happens between the parties?

If the negotiations go ahead, the company agrees to a number of terms, such as paying a financial penalty, paying compensation and co-operating with future prosecutions of individuals, according to the SFO. If the company does not honour the conditions, the prosecution may resume.

– Which companies have previously reached DPAs?

The SFO and Rolls-Royce entered into a DPA in January 2017. Rolls-Royce agreed to fork out £670 million to British, US and Brazilian authorities to settle bribery and corruption claims. The engineering giant reached a DPA with the SFO and the US Department of Justice, and a leniency agreement with Brazil’s Ministerio Publico Federal. Standard Bank was the subject of the UK’s first DPA in 2015 when its British arm agreed to pay a 25.2 million US dollar fine to settle bribery accusations. The lender also paid a further seven million US dollars in compensation to the government of Tanzania and the SFO’s £330,000 costs.

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